PROCEDURE-COURT

Landlord Didn't Serve Timely Lease Nonrenewal Notice

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that it had sent tenant a lease nonrenewal notice, also known as a "Golub notice." Tenant asked the court to dismiss the case. Tenant said that there...

Rent Demand Omitted Periods for Which Additional Rent Was Sought

May 24, 2019    

Landlord sued to evict Mitchell-Lama cooperative-shareholder tenant for nonpayment of rent. Landlord sought $6,181 for "rent, additional rent, miscellaneous charges and fees and costs." Tenant asked the...

Landlord Who Didn't Appear for Pre-Trial Questioning Can't Testify at Trial

May 9, 2019    

Tenant sued landlord after she was injured when her apartment bathroom ceiling collapsed and struck her. Tenant asked the court to bar landlord from offering trial testimony because landlord failed to appear for...

Court Inspects Tenant's Bathtub and Orders Correction of Violations

April 23, 2019    

Tenant sued landlord and HPD, seeking correction of certain apartment violations. The court conducted an inspection at tenant's apartment and found that the bathtub wasn't stable. The court stepped into the...

Settlement Tenant Signed Before Article 81 Guardian Appointed Is Vacated

April 23, 2019    

Landlord sued to evict tenant. The housing court appointed a guardian ad litem (GAL) to assist tenant, and tenant signed a settlement agreement with landlord in court. Later, an Article 81 guardian appointed for...

Tenant Didn't Submit Proper Record to Appeals Court

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant appealed and lost. The appeals court dismissed the case because tenant failed to assemble a proper record on appeal, which should have...

Court Can't Amend Judgment to Add Money Award to Landlord

February 27, 2019    

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to...

Can FNMA Evict Tenants from Co-op Apartment?

February 27, 2019    

The Federal National Mortgage Association (FNMA) sued to evict tenants from a co-op apartment. FNMA was the assignee of a successful bidder in a nonjudicial foreclosure sale of the building, and it claimed that it...

Court Vacates Settlement Agreement for Tenant Who Had No Attorney

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord obtained a judgment and eviction warrant based on tenant's default. The day after eviction, tenant asked the court to vacate the judgment and warrant...

Court Papers Stating No Reason for Termination Are Defective

February 21, 2019    

Landlord sued to evict ETPA tenant. Tenant asked the court to dismiss the case, claiming that she was rent controlled, not rent stabilized. Tenant claimed that she moved into the apartment on June 1, 1966, not 1986...

Eviction Proceeding Didn't Identify Occupant as Squatter

February 21, 2019    

Landlord sued to evict apartment occupant, claiming that the occupant was a licensee of former rent-stabilized tenant who no longer had a right to continue to live in the apartment after tenant died. The court ruled...

Housing Court Can't Declare Preferential Rent Invalid

January 28, 2019    

Landlord sued to evict building super, claiming that he lived in his apartment merely due to his employment. Landlord and the super signed a settlement agreement in court. The agreement stated that the super was a...